H-2B Visa Employer Series: The Big Picture
For the first post of the H-2B Visa Employer Series, we will be looking at the “Big Picture” of the H-2B Visa application process and will discuss a timeline that will put employers in the best position possible for a successful H-2B Visa application.
The H-2B Visa program is available to employers in various industries. The H-2B Visa program is limited to 33,000 visas twice per year (April 1 and October 1). Employers must show that they have a “temporary need” and that this need falls within one of four categories
Seasonal
Peak Load
Intermittent
One Time
But before any of this is presented, there are initial steps that each employer must take to become eligible for H-2B employer status. These steps are discussed in this post, and this Series will discuss each one in further detail.
File ETA-9141 (Prevailing Wage Determination or “PWD”). The PWD specifies the wage rate that employers must pay to H-2B workers. It is best to file the ETA-9141 approximately 4-5 months prior to the employer’s date of need.
File ETA-9142B. This document is where the employer requests a specific number of workers, describes the position, the hours to be worked, etc. This is also where the employer asserts/argues its temporary need and which classification is proper. After filing the ETA-9142B, employers can expect a notice of acceptance or notice of deficiency within 7-10 business days.
Recruitment Local Workers. After the ETA-9142B has been Approved, every employer must recruit local workers for the available position(s). This includes advertising on a local State Workforce Agency website, Department of Labor Seasonal Jobs Directory, and typically on the employer’s website. Employers are also required to contact past workers. Employers must give fair consideration (if not preference) to local applicants. The recruitment period is 15 days.
File Recruitment Report. At the end of the recruitment period, employers must file a Recruitment Report outlining their recruitment efforts and the results of those efforts. Documentation must be provided to show compliance with rules and regulations. Once submitted, a Certification is generally issued within 24 – 72 hours.
File I-129. Once an employers receives Certification from the Department of Labor (DOL), employers may file an I-129 with USCIS. This filing includes EVERYTHING that was submitted to DOL and additional paperwork (2 copies of everything!). Employers may choose to file an I-907 with the I-129 (everyone does this!). The I-907 requires that USCIS issue a response within 15 days of receipt. The response may be an Approval, Request for Evidence, or Denial.
Recruit Foreign Labor. Lastly, employers or recruiters on the employers’ behalf must recruit foreign workers. These foreign applicants must be from an “Eligible Country” and must go through all the necessary channels to be approved as well.
If this sounds like a lot — it’s because it is. The H-2B Visa program is a lengthy endeavor that can be quite frustrating and expensive for employers who desperately need supplemental labor. But, with a strong application, timely filing, and a little (or a lot) of luck, employers across the country are able to utilize the H-2B Visa program to meet temporary labor demands and avoid countless backlog and overtime hours or even grow and expand their businesses.
If the H-2B Visa program still sounds like something that might help your company, tune in on Wednesday, September 22 for the next Post in this Series - “The Prevailing Wage Determination”
*Some documents provided via links may be outdated and readers should always check to make sure they they use the current edition.
